ICANNstuff:Database

Trademark Clearinghouse (TMC)

➢ NCSG opposes the creation of a Clearinghouse for trademarks, fearing how this will be used in the future. The ICANN’s staff proposal incorporates a mix of concepts that deem the unsuccessful and arbitrary use of the Trademark Clearinghouse.

In particular, NCSG has the following problems, which would like to bring to the attention of the GNSO. These concern:

1. The criteria for inclusion in the Clearinghouse – NCSG opposes the incorporation of common law marks in the Clearinghouse. 2. The purpose of the Clearinghouse to “accept, validate and facilitate” trademarks – NCSG is not convinced as to the non-discretionary power of the Clearinghouse. 3. Service Providers – NCSG believes that the separation of the Clearinghouse in two individual entities will not be able to compensate the idiosyncrasy of trademark laws around the world. 4. Issues of IDNs – NCSG would like the point the absence of provisions concerning how the Clearinghouse will address the very important issue of IDNs and trademarks registered under the non-latin script. 5. Chilling Effects – wendy???????

NCSG’s position:

If we must have a TM Clearinghouse, the rules must be explicit as to the limits and protections for the Registrant:

• Registrants must not be dissuaded from registering domain names to which they have a right or would otherwise be entitled.
• A clearer IP claims process and sunrise period is required.
• The Clearinghouse must not expand trademark law beyond national law
• The Clearinghouse should minimize Chilling Effects
• Suggested: Limit TMC to an informational repository for sunrise periods only (not sure we need this)

Trademark database

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